TERMS OF SERVICE AND CONDITIONS These terms and conditions (the "Terms and Conditions") govern the use of truemettletc.ca (the "Site"). This Site is owned and operated by True Mettle Contracting Ltd. This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY. Intellectual Property All content published and made available on our Site is the property of True Mettle Contracting Ltd and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. Acceptable Use As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to: Harass or mistreat other users of our Site; Violate the rights of other users of our Site; Violate the intellectual property rights of the Site owners or any third party to the Site; Hack into the account of another user of the Site; Act in any way that could be considered fraudulent; or Post any material that may be deemed inappropriate or offensive. If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site. Accounts When you create an account on our Site, you agree to the following: You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions. Sale of Goods And Services These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site: Industrial safety equipment. The following services are available on our Site: Industrial Rope Access Training. The services will be paid for in full when the services are ordered. These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. Third Party Goods and Services Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site. Payments We accept the following payment methods on our Site: Credit Card; PayPal; Debit; Direct Debit; Cash; Purchase Order; Certified Cheque; E-transfer; and Wire Transfer. When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. Shipping and Delivery When you purchase goods from our Site, the goods will be delivered through one of the following methods: UPS; or Fedex. Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information. Refunds Refunds for Goods Refund requests must be made within 30 days after receipt of your goods. We accept refund requests for goods sold on our Site for any of the following reasons: Factory Defects. Refunds do not apply to the following goods: Any item identified as PPE; and Rope Access Training. Refunds for Services All services sold on our Site are non-refundable. Returns Returns can be made in person at the following location(s): 156 4925 Barlow Trail N.E Calgary AB. Returns can be made by mail. To return a good by mail, follow the following procedure: Must be in original packaging unopened and have original purchase receipt. Consumer Protection Law Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply. Links to Other Websites Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites. Limitation of Liability True Mettle Contracting Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site. Indemnity Except where prohibited by law, by using this Site you indemnify and hold harmless True Mettle Contracting Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. Applicable Law These Terms and Conditions are governed by the laws of the Province of Alberta. Dispute Resolution Subject to any exceptions specified in these Terms and Conditions, if you and True Mettle Contracting Ltd are unable to resolve any dispute through informal discussion, then you and True Mettle Contracting Ltd agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and True Mettle Contracting Ltd. The costs of any mediation or arbitration will be shared equally between you and True Mettle Contracting Ltd. Notwithstanding any other provision in these Terms and Conditions, you and True Mettle Contracting Ltd agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. Additional Terms Rope Access Certification Re-Assessments and Additional Training. Re-Assessments must be completed within 60 days of the original Assessment date. The cost of Re-Assessments is the responsibility of the client. This cost is currently set at $400.00CAD plus GST and must be paid prior to the second assessment. Additional Training days must also be paid for by the client. The cost for this service is $275/day plus GST and must be paid prior to any retraining being completed. Re-Assessments after 60 days from the original assessment require the client to attend a full 4 day course at the current posted price. All pricing is subject to change without notice.. Severability If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. Changes These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site. Contact Details Please contact us if you have any questions or concerns. Our contact details are as follows: (403) 453-9075 Admin@truemettletc.ca 156 4925 Barlow Trail N.E Effective Date: 1st day of May, 2018 Truemettletc.ca Privacy Policy Type of website: Ecommerce Effective date: 1st day of May, 2018 Truemettletc.ca (the "Site") is owned and operated by True Mettle Contracting Ltd. True Mettle Contracting Ltd can be contacted at: admin@truemettletc.ca (403) 453-9075 156 4925 Barlow Trail N.E, Calgary, AB, T2E3J2 Purpose The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following: The personal data we will collect; Use of collected data; Who has access to the data collected; The rights of Site users; and The Site's cookie policy. This Privacy Policy applies in addition to the terms and conditions of our Site. Consent By using our Site users agree that they consent to: The conditions set out in this Privacy Policy; and The collection, use, and retention of the data listed in this Privacy Policy. Personal Data We Collect We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first. Data Collected in a Non-Automatic Way We may also collect the following data when you perform certain functions on our Site: First and last name; Age; Date of birth; Email address; Phone number; Address; Payment information; and Auto fill data. This data may be collected using the following methods: Creating an account or course registrations. How We Use Personal Data Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy. The data we collect when the user performs certain functions may be used for the following purposes: Communication. Who We Share Personal Data With Employees We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy. Other Disclosures We will not sell or share your data with other third parties, except in the following cases: If the law requires it; If it is required for any legal proceeding; To prove or protect our legal rights; and To buyers or potential buyers of this company in the event that we seek to sell the company. If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices. How Long We Store Personal Data User data will be stored until the purpose the data was collected for has been achieved. You will be notified if your data is kept for longer than this period. How We Protect Your Personal Data In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's termination While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical. Children We do not knowingly collect or use personal data from children under 13 years of age. If we learn that we have collected personal data from a child under 13 years of age, the personal data will be deleted as soon as possible. If a child under 13 years of age has provided us with personal data their parent or guardian may contact our privacy officer. How to Access, Modify, Delete, or Challenge the Data Collected If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer here: Joel Hawkins Admin@truemettletc.ca (403) 453-9075 ________________________________________ Cookie Policy A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience. We use the following types of cookies on our Site: Functional cookies Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits; Analytical cookies Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc; Targeting cookies Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalize the information you see on our Site for you; and Third-Party Cookies Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes: _____________________________________________________________________________. Modifications This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy. Contact Information If you have any questions, concerns or complaints, you can contact our privacy officer, Joel Hawkins, at: Admin@truemettletc.ca (403) 453-9075